IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 164 of 2007()
1. K.R.DEVADAS, AGED 40 YEARS,
... Petitioner
2. K.M.PRAKASHAN, AGED 46 YEARS,
3. P.SARADA DEVI,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.SANTHOSH (PODUVAL)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :11/06/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.164 of 2007
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Dated this the 11th day of June 2007
O R D E R
The petitioners are accused 2 to 4 in a prosecution under
Section 304A I.P.C. They, along with the first accused, face the
allegations. The first accused is the proprietor of Rohini Cable
Vision which gives cable network connection to domestic
consumers. Petitioners 2 to 4 are the Lineman, Sub Engineer
and Assistant Engineer, all employed by the Kerala State
Electricity Board. The crux of the allegations is that a cable
network connection was given to the house of deceased Radha,
sister-in-law of the second respondent. On the unfortunate day,
she got electrocuted when she was attempting to use the
television with the cable network connection. The crime was
registered initially under the caption ‘unnatural death’ and on
receipt of Annexure D report from the Electrical Inspector, an
allegation under Section 304A I.P.C was raised against the first
accused only.
Crl.M.C.No.164/07 2
2. Long later, on 09/03/2006, a private complaint
Annexure E was filed by the second respondent and the learned
Magistrate referred the same to the police under Section 156(3)
Cr.P.C. A separate crime is registered against accused 1 to 4 –
evidently ignorant of the fact that an earlier crime was
registered. Investigation was conducted. In the course of
investigation both the crimes were consolidated and a common
chargesheet was filed against accused 1 to 4. The crux of the
contention it would appear is that the cable connection was
given negligently and consequently the live electricity wire and
the cable network connection wire got intertwined resulting
inflow of electric current through the cable network line
resulting in electric shock to the deceased and her eventual
death.
3. The petitioners have come before this court with the
grievance that they have been unnecessarily and unfairly
arrayed as accused. It is their contention that they have been
arrayed as accused only to facilitate a claim for compensation
against the Kerala State Electricity Board. It is submitted that
they have absolutely no responsibility for the unfortunate
Crl.M.C.No.164/07 3
occurrence that have taken place. No specific allegation is
raised about the date on which the connection was given. But it
is evident from the materials that connection was given long
prior to the date of the occurrence proper. The learned counsel
for the petitioners contends that even if it be assumed that there
were some inadequacy in the connection given by the first
accused and that the accident have taken place because of the
intertwining of the live electricity wire and the cable network
wire, the petitioners could not be mulcted with any culpable
responsibility for that unfortunate consequence. The materials
indicate that such connection was existing even earlier. There is
nothing to show that the petitioners were aware of the
intertwining of the two wires on the date in question. There is
not even an allegation that they had the legal duty to examine
such wires on all dates or immediately prior to the unfortunate
occurrence. The petitioners were not aware of the alleged
intertwining of the wires. At any rate, they have no legal
obligation or duty to inspect the wires at every point of time.
They having not been informed of such intertwining, lightly
allegations of culpable negligence cannot be raised against them.
Crl.M.C.No.164/07 4
They cannot be held guilty of any culpable negligence resulting
in the death of the deceased.
4. The learned counsel for the second respondent and
the learned Public Prosecutor only submit that the Kerala State
Electricity Board has the moral and legal responsibility to ensure
that the connection is given only properly by the first accused
and in not having ensured that petitioners 1 to 3, that is accused
2 to 4, must be held to be culpably negligent and liable to answer
the charge under Section 304A I.P.C. I am unable to agree with
the learned counsel for the respondent. In the facts and
circumstances of this case, there is nothing tangible to show that
the petitioners were guilty of any culpable negligence. Their
knowledge of the intertwining of the wires is not allegedly
indicated. There is nothing to indicate that they had the duty at
every given point of time to inspect and ensure the safety of the
arrangement. In fact, there is nothing to show that they have
seen or known of the intertwining of the wires.
5. The first accused may be responsible. The Electricity
Board may also be liable under civil law. May be the petitioners
will also have to answer the allegation of civil negligence. But,
Crl.M.C.No.164/07 5
at any rate, the facts and circumstances alleged in this case, do
not at all reveal or indicate any specific circumstance which can
help the prosecution to make an allegation of culpable
negligence on the part of petitioners 1 to 3 (accused 2 to 4) for
the unfortunate death of the victim. I am satisfied, in these
circumstances, that continuance of the prosecution against
petitioners 2 to 4 would amount to needless harassment and
vexation to the petitioners and consequently the prosecution in
so far as it relates to them deserves to be quashed.
6. In the result, this Criminal Miscellaneous Case is
allowed. C.C.No. 1241/06 pending before the Judicial First Class
Magistrate Court-I, Thrissur, in so far as the petitioners/accused
2 to 4 are concerned is hereby quashed. I may hasten to observe
at the risk of repetition that I have not chosen at all to make any
observation on the liability of the Kerala State Electricity Board
or the petitioners to compensate the legal heirs/dependents of
the deceased for the loss suffered by them.
(R.BASANT, JUDGE)
jsr
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R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007